us Supreme Court Decision 



Gives Green Light to Local Regulation 



of Pesticides 



Welcome 



to Our 



New Members 



Jji a landmark decision with potential- 

 ly dramatic implications for the nurs- 

 ery industry, the United States Supreme 

 Court ruled on June 21, 1991 that local 

 governments can regulate pesticide 

 use. 



Since the historic 1972 amend- 

 ments to the Federal Insecticide, 

 Fungicide and Rodenticide Act 

 (FIFRA), Congress and courts 

 have generally recognized that the 

 authority to regiilate pesticide use 

 rested solely with the federal and 

 state governments. However, the 

 US Supreme Court has now ruled 

 in Wisconsin Public Intervenor v. 

 Mortier et. al. that FIFRA "no- 

 where expressly supersedes local 

 regulation." 



Over time, this decision will allow local 

 cities, towns, counties, etc. to establish 

 ordinances governing pesticide appli- 

 cation, notification, sale, record-keep- 

 ing, storage and/or transportation. The 

 only authority exclusively retained by 

 the federal government is the labeling 

 and packaging of pesticides. 

 What practical implications will this US 

 Supreme Court decision have on nursery, 

 landscape and qarden center operations? 

 First, nothing will change unless — or 

 until — your local governments actually 

 enact pesticide ordinances. Assuming 

 some do, all nursery, landscape and 

 retail firms must then keep informed of 

 all local ordinances (and all subsequent 

 changes thereto) in all jurisdictions in 

 which you conduct business. For ex- 

 ample, growers with farms in differ- 

 ent counties or towns, landscape firms 

 with jobs in different cities or service 

 areas, and garden centers with outlets 

 in neighboring counties may be requir- 

 ed to comply with ordinances differing 

 from one jurisdiction to another. 



It is possible that localities may enact 

 ordinances requiring permits prior to 

 pesticide applications. Notifications to 

 neighbors may be imposed when a 

 nursery farm, landscape site or garden 

 center is about to apply or has been 

 treated with pesticides. 



Garden centers may see some restric- 

 tions on the sale of pesticides. It is also 

 conceivable that restrictions on the 

 transportation of pesticides — or plants 

 treated with pesticides — through or 

 into a town may be imposed. This 

 might impact the purchase or sale of 

 plants. In addition to existing federal 

 and state laws governing record-keep- 

 ing as well as pesticide storage, addi- 

 tional ordinances may beestablished by 

 localities. 



AAN had joined with other national 

 trade organizations in filing a court 

 brief writh the US Supreme Court when 

 this case was heard on April 24, 1991. 

 This was in an effort to uphold the sen- 

 sible tradition and understanding that 

 only the federal and state governments 

 could regulate pesticide use. Regretta- 

 bly, the US Supreme Court viewed the 

 matter much differently. 

 There are a couple of options which 

 AAN is agK^'essively examining with 

 other national trade associations 

 whose members are similarly affected. 

 One is to convince the US Congress 

 that the practical implications of the 

 Supreme Court ruling necessitate clear 

 Congressional clarification that only 

 the federal and state governments 

 should regulate pesticide use. This 

 would require legislative relief — in 

 effect, passage of a Congressional 

 bill overturning the Supreme Court's 

 decision. However, given the current 

 political environment, overlaid with 

 the Supreme Court's unanimous 9 to 

 decision in this case, the prospects 

 for such success are not immediately 

 bright. Another potential avenue is 

 for the state legislatures to intervene 

 and preempt local pesticide ordinances. 

 On behalf of the nursery industry, 

 AAN will aggressively explore all op- 

 tions in an effort to overturn this poten- 

 tially havoc-wreaking decision by the 

 US Supreme Court 

 Reprinted from AAlN Legislative/ 

 Regulatory Alert, June 24, 1991. >^ 



AMS Marketing 



42 Amos Drive 



Springfield, MA 01118 



Ann Morgan 



P.O. Box 8089 



Wardhill, MA 01835 



Edgewater Farm 



RR 2, Box 57 



West Lebanon, NH 03784 



Imperial Nurseries 



4 Jericho Road 

 Wobum, MA 01801 



'^ 



Jenkins Garden Center 



441 Elm Street 



Laconia, NH 03246 



King Farm 



15 Scales Lane 



Townsend, MA 01469 



LaBonte's Orchids 



654 Proctor Road 



Manchester, NH 03109 



■*' 



Lowe's Own Root Roses 



6 Scheffield Road 



Nashua, NH 03062 



McLean's Greenhouse 



Box 282 



North Haverhill, NH 03774 



August/September 1991 3 



